ASSEMBLY, No. 5570

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED MAY 5, 2021, 2021

Sponsored by:

Assemblywoman  LISA SWAIN

District 38 (Bergen and Passaic)

Assemblyman  STERLEY S. STANLEY

District 18 (Middlesex)

SYNOPSIS

     Requires motorists operating vehicles to maintain reasonable and safe distance when overtaking pedestrians and certain bicycles.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning the operation of motor vehicles overtaking certain bicycles and pedestrians and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    a.  (1)   The driver of a vehicle overtaking a bicycle proceeding in the same direction as the vehicle shall leave a reasonable and safe distance between the vehicle and the bicycle of not less than four feet until the vehicle has safely passed the bicycle, except when the bicycle is traveling in a designated bicycle path.

     (2)   The driver of a vehicle overtaking a pedestrian shall leave a reasonable and safe distance between the vehicle and the pedestrian of not less than four feet until the vehicle has safely passed the pedestrian.

     b.    For the purposes of this section, “pedestrian” shall include, but not be limited to, a pedestrian as defined in R.S.39:1-1, a person in a wheelchair or motorized wheelchair as defined in R.S.39:1-1, a person employed by or who contracts with any public utility company in this State, a property maintenance worker, or any other person who is legally permitted to be upon the roadway for work or recreation.

     c.     A person violating the provisions of this section shall be subject to a fine of not less than $100 or more than $500.

     2.    This act shall take effect on the first day of the seventh month following enactment.

STATEMENT

     This bill requires the driver of a vehicle to maintain a reasonable and safe distance of at least four feet when overtaking a pedestrian or overtaking a bicycle traveling in the same direction as the vehicle.  A driver is not required to maintain a distance of at least four feet when overtaking a bicycle traveling in a dedicated bicycle path. 

     The bill defines a pedestrian to include: a pedestrian, a person in a wheelchair or motorized wheelchair, a person employed by or who contracts with a public utility company in the State, a property maintenance worker, or any other person legally permitted to be upon the roadway for work or recreation. 

     A person is subject to a fine of not less than $100 or more than $500 for violating the provisions of the bill.